If you accept EBT at your grocery store, then you might have received a official notice from the USDA. This letter is most likely a SNAP violation letter, which is alleging you violated the SNAP program. The government will include proof to the SNAP violation notice, which will contain records of transactions that happened at your store that the government is saying is in violation of one or more groups of violations.
The first thing after you get a SNAP violation notice, you should definitely contact our law firm. It’s critical you understand, you only have 10 days to respond. If you choose to ignore, the USDA will suspend your stores ability to accept EBT.
About The SNAP Program
This program helps families with money each month. The SNAP program benefits are distributed to consumers with an EBT card. The benefits on the card cannot be used for general usage, and they cannot be used for fraudulent cash back services. The cards took the place of food stamps in the 1990’s and the card is issued by each state individually where the recipient lives. The program is operated on a nationwide level by the federal government.
The SNAP federal and the benefits that come with it are governed by the US Code and the Code of Federal Regulations. The USDA FNS agency enforces the regulations and runs the program.
What counts as a SNAP violation
Snap violations occur when a grocery store is in violation of the following rules.
The store took part intrafficking SNAP benefits. Examples of this is fraudulently accepting the benefits, or stealing the benefits.
The grocery store accepted SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted incorrect information on the grocery stores application to accept EBT benefits.
The grocery store redeemed more EBT food stamps than food sales over the same period.
Your employees accepted SNAP benefits from someone who shouldn’t be allowed to use the benefits.
Defending against a SNAP Violation Letter
Spodek Law Group has immense experience managing SNAP appeals letters. We can handle your SNAP violation process in all phases of a SNAP violation action.
Sending the violation letter is the first step which is going to be taken by USDA to take away your EBT license. This letter may come with, or without, prior warnings and can appear at any time. The SNAP violation letter contain details about alleged violations, but most of them will detail serious allegations, with an attachment of details. Your response to the SNAP violation letter is due within 10 days. Once you hire our law firm, we handle all of the communicationswith the USDA and for compiling all the necessary evidence, and drafting a response to the USDA.
Once the USDA reviews your answer to the notice of violation, the USDA might still believe that your store has violated the rules. If that happens, they’ll will definitely send a second letter that outlines the governments legal verdict to suspend or disqualify the store based on the alleged violations. Like before, you have 10 days to protest the verdict. If you choose not to, you’ll be stuck with the USDA decision. After you hire our firm, we’ll file the necessary paperwork and notify them appeal the decision. Our lawyers gather necessary evidence, and our team will draft the necessary appeals briefs containing all of the case law, evidence, etc. which is needed to overturn the decision.
If the USDA refuses to override the violation claim, in the Administrative Review, we will file a Judicial review at the local Federal Court. This process is like a normal case, where you’ll be able to do discovery, file motions, and have a trial. Our attorneys can handle these cases in all 50 states.
SNAP Violations
As a grocery store retailer, there’s a lot of rules and regulations have to obey in order to accept EBT. In most normal situations, many retail store owners don’t run into problems. However, USDA’s SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, SNAP recipients cant buy electronic goods. If you violate the laws, you’ll probably get a SNAP violation letter. Snap violation penalties can result in severe and business crushing penalties. If you conduct a major violation, then you might end up with a temporary or permanent disqualification. In many situations, owners of grocery stores didn’t know the violations were even happening. Often, it’s dishonest employees who are misusing the SNAP program. If you’re accused of a SNAP violation to consult with a SNAP violation appeals lawyer in order to ensure sure you don’t have your benefits revoked.
When a charge letter is delivered to your retail store, you only have 10 days to respond to the violations. Your failure to respond to the allegations will permanently harm your store. In addition, the USDA will generate a verdict even though you don’t respond to the allegations. In the absence of a SNAP violation attorney, you won’t be able to retain EBT benefits. Retaining a SNAP violation lawyer gives you a fighting change. Our lawyers will fight the decision of the USDA and fight any penalties. The financial penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA on purpose chooses to impose large fines to in order to curb future violations. The USDA will typically look to see if you have a compliance policy in place. The policy has to be in writing and the policy must be at the time the allegations were filed.
The grocery store also has to be able to prove the compliance policy was in place before the charge, and was not drafted after the violation letter. The USDA will also look in order to see if the retail store owners benefited in any way from the fraud, or if the owners were aware of the fraud. Any involvement of the management can lead to disqualification.
It’s highly recommended any store owner that gets a allegation letter speak to with a SNAP violation attorney. Choosing not to respond in negative consequences. The USDA is required by Congress to issue a disqualification for a period of up to 5 years. This can result in huge losses which are hard to recover from.
An awesome firm that truly cares about you. I thought I could handle the USDA on my own, but failed. Todd intervened and helped fix my mistakes.
- Denton, CLIENT Denton